CR-1 lingering questions after reading guide.

[ShonqyVRX 0]

Basic Info-

I'm a U.S. Citizen residing in Australia. 

Wife and her 2 children from a prior marriage are Australian citizens.  Children aged 12-14

Married less than 2 years.  Children not adopted.

Will be applying ASAP

 

• From what I gather and have been told I need to file 3 I-130 forms, and 1 I-130A, correct?
• I understand my wife will be interviewed and will need a medical check.  Will the children also need medical checks and need to be interviewed?
• Was told by an immigration attorney it costs roughly, $1700 total for each person.  Looking at the fee for the I-130, and understanding there's a cost with medical checks, what other fees are there, and where on the timeline do they occur?
• We will be using my parents as a joint sponsor.  When in the process do we need to have both mine and my parent's I-864 ready and turned in?  Reading the guide it seems as though it's not a concern till the interview.  If I had my parents do this now, with their last 3 years income tax paperwork would that then be outdated?
• With this Visa I'm having trouble connection dots as to when my wife would be able to work.  When *fingers crossed* we get to the states, we both want to hit the ground running.  
• Guide states we need original birth, divorce, marriage certificates for the interview.  Do we get them back or is it best to have certified copies made?

 

When filling out the I-130 I ran into a problem with 12a-15b as shown in the attached image.  I have lived a total of 3 places besides where we reside in the last 5 years.  When I check the box where it asks is the mailing address the same as my physical address which I take to mean as my current address, 13.b shows up as "Current" and I'm not allowed to change it.  I'll list a timeline of where I lived in the last 5 years with just the street name and country.  Frankly I'm not sure what to put, and where, in addition to the only 2 address spots allowed on the form.

 

2012-2015 Philip St, Australia

2015-2016 Edward St, Australia

2016-2017 Dodge St, U.S

2017-Current, Australia living with my then fiancee now wife.

 

Thanks for any and all help that we can get.  I'm sure these questions have been asked before, but after several days of searching on here and google we haven't had much luck. 

 

Tommy & Rhonda

[geowrian 22,335]

31 minutes ago, ShonqyVRX said:

• From what I gather and have been told I need to file 3 I-130 forms, and 1 I-130A, correct?
• I understand my wife will be interviewed and will need a medical check.  Will the children also need medical checks and need to be interviewed?
• Was told by an immigration attorney it costs roughly, $1700 total for each person.  Looking at the fee for the I-130, and understanding there's a cost with medical checks, what other fees are there, and where on the timeline do they occur?
• We will be using my parents as a joint sponsor.  When in the process do we need to have both mine and my parent's I-864 ready and turned in?  Reading the guide it seems as though it's not a concern till the interview.  If I had my parents do this now, with their last 3 years income tax paperwork would that then be outdated?
• With this Visa I'm having trouble connection dots as to when my wife would be able to work.  When *fingers crossed* we get to the states, we both want to hit the ground running.  
• Guide states we need original birth, divorce, marriage certificates for the interview.  Do we get them back or is it best to have certified copies made?

1. Yes. One I-130 for each applicant + an I-130A for a spouse.
2. Yes.
3. $535 I-130 (each) with initial filing +$325 (each) at NVC (after I-130 approval) + $120 I-864 review at NVC (only needed once if you process them all together) + $220 Immigrant Fee to get the physical green card (paid anytime after approval of the visa...can even after entry into the US).
   1. The medical cost varies by Panel Physician + vaccinations needed.
   2. There are various fees for obtaining the necessary documents + translations, potentially travel costs for the interview + travel costs to the US. YMMV
4. The I-864 will be submitted when you get to NVC processing (after I-130 approval).
   1. Note the parents - assuming they file taxes together - will submit an I-864 from one as a joint sponsor + I-864A as a household member agreement with the joint sponsor. If they are divorced or something, then just one would be a joint sponsor with an I-864.
5. With an immigrant visa, she will have permanent residency immediately upon entry. Her endorsed visa acts as a green card for 1 year. She just needs an SSN...you can request this with the DS-260, but many people go to the SSA office to apply themselves as it can take some time waiting for it. If applied in person, getting a card in the mail typically takes a week or 2.
6. Certified copies should be submitted...don't expect to get back anything you send them.
   1. Not sure what guide you're using...the one here explicitly says copies. https://www.visajourney.com/content/i130guide1

[pushbrk 12,105]

1 hour ago, geowrian said:

1.  
2. Certified copies should be submitted...don't expect to get back anything you send them.
   1. Not sure what guide you're using...the one here explicitly says copies. https://www.visajourney.com/content/i130guide1

To be clear, with the petition and at the NVC state, only PHOTOCOPIES of "Certified Copies" of civil documents are submitted.  As such, the Immigrant Visa Unit in Sydney will have the copies, but may want to inspect the original Certified Copies.  So take the originals of civil documents and signed Affidavits of Support to the interview for inspection.  It's a good idea to take copies too.  If you do, they WILL give you back the originals once they've inspected them.

[hm139 55]

In regards to the I-130 form -- 

 

First, you're allowed to print it out and then handwrite things. The form doesn't always let you add what you want (I remember it didn't let me enter my spouse's apartment number so I had to handwrite that). So if it's autofilling something incorrect, just print it and then handwrite it in that part.

 

Second, if you need more space for addresses, that's literally what Part 9 (the last page) is for.

 

[ShonqyVRX 0]

Ahh thanks for the info everyone, I was going through the form in order and hadn't realized there were additional spots for addresses.  

 

Should I be concerned that the I-130 I got off the USCIS website says "Expires 07/31/18"?

[Ryan H 3,790]

36 minutes ago, ShonqyVRX said:

Should I be concerned that the I-130 I got off the USCIS website says "Expires 07/31/18"?

 

No, that date you see is the expiration of the comment period to the Office of Management and Budget; the form itself is not expired and can be used.

[ShonqyVRX 0]

Cool thanks Ryan!

[JFH 12,189]

On 10/8/2018 at 2:21 PM, geowrian said:

1. 1.  
2. With an immigrant visa, she will have permanent residency immediately upon entry. Her endorsed visa acts as a green card for 1 year. She just needs an SSN...you can request this with the DS-260, but many people go to the SSA office to apply themselves as it can take some time waiting for it. If applied in person, getting a card in the mail typically takes a week or 2

She can work from the minute her passport is stamped. Even before the SSN has arrived. The company likely will withhold her pay until the SSN number is verified but she is legally able to work from the moment she has her passport stamped.

 

I started work less than 2 weeks after I arrived. I would have started sooner but I arrived just before Christmas and my line manager was on leave over Christmas and so I decided to wait for her return to work. My SSN arrived around 10 days after I started working. My employer withheld my wages until I showed the card and they ran the number through the verification process. 

[geowrian 22,335]

5 hours ago, JFH said:

She can work from the minute her passport is stamped. Even before the SSN has arrived. The company likely will withhold her pay until the SSN number is verified but she is legally able to work from the moment she has her passport stamped.

 

I started work less than 2 weeks after I arrived. I would have started sooner but I arrived just before Christmas and my line manager was on leave over Christmas and so I decided to wait for her return to work. My SSN arrived around 10 days after I started working. My employer withheld my wages until I showed the card and they ran the number through the verification process. 

True, that is an option.

Not all employers will agree to such an arrangement, though. It probably depend son the payroll process and how flexible HR is.

[ShonqyVRX 0]

Thanks again for all the replies.  Bit of a delay due to unforeseen circumstances.  Few more questions and I'm sure I'll have even more in the coming days.  

 

On the I-864 since my parents will be the ones helping us, in 1.a they'd be the petitioner yes?  What about 1.d or 1.e?  My parents are married and reside together.

 

Secondly in regards to the financial support part, does SSI count towards it since they are retired?  

 

In regards to police checks, will we need one for our kids 12 and 14 years old?

 

Sorry to be a pain, but we're in a rush, and the language used in these documents confuses the hell out of me. 

 

 

[geowrian 22,335]

5 hours ago, ShonqyVRX said:

On the I-864 since my parents will be the ones helping us, in 1.a they'd be the petitioner yes?  What about 1.d or 1.e?  My parents are married and reside together.

One parent will complete an I-864 as a joint sponsor. You are always the petitioner.

The other parent will complete an I-864A as a household member to join their income/assets with the joint sponsor's I-864. This is not strictly required, but is often requested for married couples who file jointly.

 

5 hours ago, ShonqyVRX said:

Secondly in regards to the financial support part, does SSI count towards it since they are retired?

Yes, SSI is income.

 

Just as a note, income is not combined across sponsors. Ensure that your parents' combined income is sufficient to sponsor you. The reason I mention this is if, for example, SSI is their only income then the CO would may have a hard time believing that they can support themselves plus the intending immigrant (given the high costs of supporting yourselves at that age, specifically due to medical costs).

 

5 hours ago, ShonqyVRX said:

In regards to police checks, will we need one for our kids 12 and 14 years old?

I believe they are only required for intending immigrants age 16 or greater. But check the instructions just to confirm.

[portorusa 431]

On 12/1/2018 at 7:33 AM, JFH said:

She can work from the minute her passport is stamped. Even before the SSN has arrived. The company likely will withhold her pay until the SSN number is verified but she is legally able to work from the moment she has her passport stamped.

 

I started work less than 2 weeks after I arrived. I would have started sooner but I arrived just before Christmas and my line manager was on leave over Christmas and so I decided to wait for her return to work. My SSN arrived around 10 days after I started working. My employer withheld my wages until I showed the card and they ran the number through the verification process. 

Will ITIN substitute SSN in this case (getting paychecks)?

[ShonqyVRX 0]

9 hours ago, geowrian said:

One parent will complete an I-864 as a joint sponsor. You are always the petitioner.

The other parent will complete an I-864A as a household member to join their income/assets with the joint sponsor's I-864. This is not strictly required, but is often requested for married couples who file jointly.

 

Yes, SSI is income.

 

Just as a note, income is not combined across sponsors. Ensure that your parents' combined income is sufficient to sponsor you. The reason I mention this is if, for example, SSI is their only income then the CO would may have a hard time believing that they can support themselves plus the intending immigrant (given the high costs of supporting yourselves at that age, specifically due to medical costs).

 

I believe they are only required for intending immigrants age 16 or greater. But check the instructions just to confirm.

From what I've been able to see, SSI income, pensions and assets put them well over the threshold.

 

When I was double checking the police check age thing, and you're correct it's 16 and above it mentions the applicant needs one as well, which is me and American citizen, am I understanding that correctly?

 

Thanks for your help!

[pushbrk 12,105]

1 hour ago, ShonqyVRX said:

From what I've been able to see, SSI income, pensions and assets put them well over the threshold.

 

When I was double checking the police check age thing, and you're correct it's 16 and above it mentions the applicant needs one as well, which is me and American citizen, am I understanding that correctly?

 

Thanks for your help!

Carefully study the I-864 "instructions".  If income is clearly sufficient, leave the asset sections blank.  Documenting assets can be complicated.  Avoid it if not needed to qualify.

 

Don't forget YOU supply your own I-864 too.  You are the PRIMARY sponsor whether you qualify financially or not.

[Lil bear 3,831]

3 hours ago, ShonqyVRX said:

From what I've been able to see, SSI income, pensions and assets put them well over the threshold.

 

When I was double checking the police check age thing, and you're correct it's 16 and above it mentions the applicant needs one as well, which is me and American citizen, am I understanding that correctly?

 

Thanks for your help!

From one Aussie to another .. The Police check is needed for the NVC stage. This is where the I130 beneficiaries  ( your wife and children )  apply for the immigrant visa. So they become the Applicant for this part of the process .. so all the documentation needed needs to be understood in light of that ... you as the USC/ petitioner do not need a police check from either Australia or the US